Search Results for "prospective circular"

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Search Results for "prospective circular"

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Supreme Court

Supreme Court Upholds RBI Circular Denying Arrears of Pension from Date of Retirement in Pension Option Case. Prospective Pension from July 1, 2020, Upheld as Valid Exercise of Employer's Discretion.

10 Jul 2025

The Reserve Bank of India (RBI) appealed against a Division Bench judgment of the Kerala High Court that had dismissed its appeal against a Single Jud...

High Court

High Court of Bombay Issues Rule and Hears Matter Finally in Writ Petition Challenging MSEDCL Communication. The Court Decides the Petition Under Article 226 of the Constitution with Consent of Parties After Respondents Waive Service.

6 Jun 2025

The petitioners, a private limited company and its shareholder, filed a writ petition under Article 226 of the Constitution of India before the High C...

High Court

Bombay High Court Quashes Show Cause Notice Issued to Petitioner in Foreign Trade Act Case — Misreading of Earlier Division Bench Judgment Invalidates SCN. The court held that the show cause notice under Section 14 of the Foreign Trade (Development and Regulation) Act, 1992, was based on an erroneous interpretation of a prior judgment that had already settled the issue of prospective application of a policy circular.

7 Feb 2025

The petitioner, Essar Shipping Limited, challenged a show cause notice dated January 13, 2023, issued by the Director General of Foreign Trade under S...

High Court

Bombay High Court Quashes Show Cause Notice Against Petitioner in SFIS Duty Credit Scrip Case — Misreading of Division Bench Judgment Leads to Unjustified Reopening of Settled Claims. The court held that a policy circular held to be prospective cannot be used to reopen benefits already granted and utilized, and that a show cause notice based on a misreading of a prior judgment is untenable.

7 Feb 2025

The petitioner, Essar Shipping Limited, challenged a show cause notice dated January 13, 2023, issued by the Director General of Foreign Trade (DGFT) ...

High Court

Bombay High Court Full Bench Resolves Conflict on Advance Increment for Best Teacher Awardees: Deletion of Clause 12 of Government Circular dated 12.12.2000 by Circular dated 04.09.2018 is Prospective, Entitlement Determined by Date of Selection/Recommendation, Not Actual Receipt of Award.

19 Aug 2024

The Full Bench of the Bombay High Court at Aurangabad was constituted to resolve a conflict between two Division Bench decisions regarding the entitle...

Supreme Court

Supreme Court Dismisses Appeals in Terminal Excise Duty Refund Dispute Under Foreign Trade Policy. Export Oriented Units Not Entitled to Refund as Procurement from Domestic Tariff Area Units Was Ab Initio Exempt from Excise Duty Under Paragraphs 6.2(b) and 6.11(c)(ii) of Foreign Trade Policy, 2009-2014.

4 Jan 2022

The dispute involved appeals by Export Oriented Units (EOUs) challenging the refusal of refund claims for Terminal Excise Duty (TED) paid on excisable...

High Court

Bombay High Court Quashes VIDC Circular Imposing 5% TDS on Contractors Without Statutory Authority. Circular No. 9 dated 17.02.2020 directing deduction of 5% TDS from contractor bills held ultra vires the Income Tax Act, 1961 and the VIDC Act.

29 Oct 2020

The petitioner, M/s Musale Constructions, a partnership firm engaged in construction business, filed three writ petitions challenging Circular No. 9 d...

High Court

Bombay High Court Quashes VIDC Circular Imposing Unilateral Deduction of Income Tax at Source on Contractors Without Statutory Authority. Circular No. 9 dated 17.02.2020 directing deduction of TDS on gross value of works contract without considering provisions of Income Tax Act, 1961 held ultra vires.

29 Oct 2020

The petitioner, M/s Musale Constructions, a partnership firm engaged in construction business, had been awarded various works contracts by the Vidarbh...

High Court

Bombay High Court Allows Petitions Challenging Levy of Entry Tax on Natural Gas Under Maharashtra Entry Tax Act, 2002 — Holds That Natural Gas Is Not 'Goods' for Entry Tax Purposes When Supplied Through Pipelines

27 Jul 2018

The judgment concerns four writ petitions filed by companies (Deepak Fertilisers and Petrochemicals Corporation Ltd., Smartchem Technologies Ltd., Emp...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Premium Claim Under REP Circulars — Policy Change Prospective, No Vested Right to Premium on Licenses Issued Prior to Amendment.

24 Mar 2006

The petitioners, Kagaz Packaging (a partnership firm) and its partner Ms. Rajul Manoj Shah, filed a writ petition in the Bombay High Court challenging...

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